Section 5 - Personnel
Professional PersonnelPolicy 5:240SuspensionSuspension Without Pay
The School Board may suspend without pay: (1) a professional employee pending a dismissal hearing, or (2) a teacher as a disciplinary measure for up to 30 employment days for misconduct that is detrimental to the School District. Administrative staff members may not be suspended without pay as a disciplinary measure.
Misconduct that is detrimental to the School District includes:• Insubordination, including any failure to follow an oral or written directive from a supervisor;• Violation of Board policy or Administrative Procedure;• Conduct that disrupts or may disrupt the educational program or process;• Conduct that violates any State or federal law that relates to the employee's duties; and• Other sufficient causes.
At the request of the professional employee made within 5 calendar days of receipt of a presuspension notification, the Board or Board-appointed hearing examiner will conduct a presuspension hearing. The Board or its designee shall notify the professional employee of the alleged charges and the date and time of the hearing. At the pre-suspension hearing, the professional employee or his/her representative may present evidence.
Suspension With Pay
The Board or Superintendent or designee may suspend a professional employee with pay: (1) during an investigation into allegations of disobedience or misconduct whenever the employee’s continued presence in his or her position would not be in the School District’s best interests, (2) as a disciplinary measure for misconduct that is detrimental to the School District as defined above, or (3) pending a Board hearing to suspend a teacher without pay.
The Superintendent shall meet with the employee to present the allegations and give the employee an opportunity to refute the charges. The employee will be told the dates and times the suspension will begin and end.
Any criminal conviction resulting from the investigation or allegations shall require the employee to repay to the District all compensation and the value of all benefits received by the employee during the suspension. The Superintendent will notify the employee of this requirement when the employee is suspended.
5 ILCS 430 et seq.
105 ILCS 5/24-12.
Cleveland Board of Education v. Loudermill, 105 S.Ct. 1487 (1985).
Barszcz v. Community College District No. 504, 400 F.Supp. 675 (N.D. Ill., 1975).
Massie v. East St. Louis School District No.189, 561 N.E.2d 246 (Ill.App.5, 1990).
5:290 (Educational Support Personnel - Employment Termination and Suspensions)
December 14, 2010